PADI OFANTES OLOGO, SANDEEP MABROS AND DYSON POPULAMPU vs. TETTEY OSABU DZAHI [2016]DLCA4944

Date	2016-05-29
Suit No.	CIVIL APPEAL NO.: H1/07/2016
Citation No.	[2016]DLCA4944

K.A. ACQUAYE JA (PRESIDENT)

S. KWEKU GYAN J.A

M. MABEL AGYEMANG (MRS) J.A

[2016]DLCA4944
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													<main id="main" class="content" style="min-height: 60rem" >PADI OFANTES
OLOGO, SANDEEP MABROS AND DYSON POPULAMPU<o:p></o:p>(DEFENDANTS/APPELLANTS)<o:p></o:p>vs.<o:p></o:p>TETTEY OSABU
DZAHI<o:p></o:p>(PLAITIFF/RESPONDENT)<o:p></o:p>[COURT OF APPEAL, KOFORIDUA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CIVIL APPEAL NO.: H1/07/2016&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 29TH MAY, 2018 <o:p></o:p>

</div>CORAM:<o:p></o:p>K.A.
ACQUAYE JA (PRESIDENT), S. KWEKU GYAN J.A, M. MABEL AGYEMANG (MRS) J.A<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;tab-stops:.5in 93.75pt;border:none;
mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>ACQUAYE, J.A<o:p></o:p>This judgment is the result
of an appeal filed against a suit initiated by the plaintiff/respondent
claiming jointly and severally against the defendants/appellants:-<o:p></o:p>a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A
declaration of title to land bounded by the properties of Nyewer Abokobi; Prof
Appiah Dedu, Lemor-Dor and Wamla Streams and Ohene Djahi<o:p></o:p>b)&nbsp;&nbsp;&nbsp;&nbsp;
Damages
for trespass<o:p></o:p>c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
An
order for recovery of the land in dispute<o:p></o:p>d)&nbsp;&nbsp;&nbsp;&nbsp;
Perpetual
injunction restraining the defendant from entering the land in dispute<o:p></o:p>The basis of the plaintiff
respondent’s claim in the court below was that his paternal grandfather Tettey Osabu
acquired the disputed land through settlement when the Krobos first descended
from the Krobo hills to present day Somanya.&nbsp;
According to the plaintiff, his grandfather was succeeded by his son and
plaintiff’s father Tettey Djahim who remained in possession till he died in
1985.&nbsp; After his father’s funeral their
then head of family Numo Tekpetey divided or shared the land situate at Lemodo
near Brigade between he the plaintiff and his brother of the full blood Ohene
Djahim.&nbsp; The plaintiff, gave his boundary
owners as Nyeweh Abokobo, Obu Narteh, Atigiri, Ofori George and two streams
called Lemodo and Wumnador.&nbsp; On other
sides the plaintiff shares boundary with Professor Appiah, Gyadu and
Ohene.&nbsp; The plaintiff testified that his
land which measures about 196 acres was cultivated with food crops such as corn
and palm trees whilst he himself cultivated mangoes on about 15 acres with
another 5 acres of mangoes cultivated by his tenant farmer.&nbsp; The plaintiff complained that unknown to him the
1st defendant has leased and prepared an indenture covering about
one hundred acres of his family land to the 2nd defendant who had
registered same and employed the 2nd defendant to uproot about 20
acres of his mango trees.&nbsp; When he
confronted the 1st defendant he admitted signing the indentures for
the 2nd defendant after his brothers had leased the land to the 2nd
defendant.&nbsp; The 1st defendant
contended that since time immemorial the disputed land belonged to his
Akrobettoe family.&nbsp; The 1st
defendant’s defence was that his ancestor single handedly litigated over lands
belonging to the Yilo Krobos to the knowledge of all the sub-chiefs and that
his family’s claims were backed by historical facts as well as judicial
decisions.&nbsp; The 2nd
defendant’s defence was that he was an innocent purchaser of land without
notice of any adverse claim and that once he has registered his interest it
constituted a defence to the whole world.<o:p></o:p><o:p>&nbsp;</o:p>After hearing the parties and
their witnesses the trial judge ruled that the plaintiff had proved his claims
beyond re</main>